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A rights defender, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a crime of "illicit association", she was jailed without evidence. Weeks afterward, her relatives were contacted to collect the body of her infant child. The cause of death was not looked into, and her loved ones remains unaware the circumstances or if she obtained any care after birth.

A Worldwide Crisis

Situations like these are not rare within correctional systems around the world. Pregnant women are often subjected to deplorable conditions and denied proper healthcare. Some miscarry, others deliver and have their babies unassisted in a detention cell. Tragically, some babies perish behind bars.

"Countries assume it’s a minority of women so it’s not an issue, but that’s not true," notes a lawyer working on female imprisonment.

"Incarceration is not a good place for women, let alone someone who is expecting," she continues. "There’s so much research that demonstrates how damaging it is. Numerous facilities were constructed with men in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules clearly say that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women in childbirth.

Yet, these standards are often violated around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and civil society are denied access. Interviews with formerly incarcerated women describe assaults, abuse, and being deprived of basic supplies. Some are forced into exchanging favors with guards for nourishment or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … there will be more," reports a local lawyer.

Accounts also tell of women who were chained to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by cases of infants succumbing from pneumonia and malnourishment behind bars.

Stories from Different Continents

In one African country, a former inmate recalls being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a teenager lost her daughter after giving birth unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully pushed for legislation that ban restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures regarding expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and people with experience argue that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are really what we should be focusing on."